In short: A self-represented tenant lost her claim to a $2,200 security deposit but defeated the landlord’s $40,000 counterclaim. She then challenged later judgments adding fees, prejudgment interest and costs. In May 2013 the Third DCA affirmed without a written opinion, leaving those judgments in place.
The Facts
The Third District affirmed without an opinion, so these facts come from the arguments as described in the oral argument video, not from appellate findings.
A tenant, representing herself, sued her landlord in Miami-Dade to recover a $2,200 security deposit. She lost that claim; the landlord argued she had not given the 60 days’ notice her lease required before moving out. The landlord counterclaimed for about $40,000, and the tenant defeated that counterclaim.
Months later, the trial court entered judgments adding attorney’s fees, prejudgment interest and costs totaling roughly $7,000. On appeal the tenant argued the figures did not match, that the court had not properly reserved jurisdiction, that prejudgment interest should not run on a deposit the landlord held all along, and that she, not the landlord, was the prevailing party.
The Decision
On May 15, 2013, the court affirmed in a one-word per curiam decision. With no opinion, the court did not say how it viewed the prevailing-party question, the reservation of jurisdiction or the interest award. The practical result is that the trial court’s later judgments stood.
The Law
Florida’s security deposit statute, section 83.49, Florida Statutes, requires a landlord who wants to keep any part of a deposit to send written notice of the claim within 30 days after the lease ends; if no claim is made, the deposit must be returned within 15 days. In a suit over the deposit, the prevailing party recovers court costs and a reasonable attorney’s fee. Under section 83.575, Florida Statutes, a lease with a fixed term may require a tenant to give between 30 and 60 days’ notice before vacating, with conditions on the landlord’s side.
When both sides win something, Florida courts look at who prevailed on the significant issues in the case as a whole (Moritz v. Hoyt Enterprises, 604 So. 2d 807 (Fla. 1992)), and trial courts have wide discretion in making that call.
Current law (2026): Section 83.49(3)(a) (2026) now allows the landlord’s claim notice by certified mail or by e-mail under s. 83.505; section 83.575 limits lease notice-to-vacate clauses to 30-60 days.
Lessons
- Read the notice-to-vacate clause in your lease. Under section 83.575 it can lawfully require up to 60 days’ notice.
- Winning a counterclaim does not automatically make you the prevailing party; courts look at the case as a whole.
- Fee and interest awards often come months after the main judgment. Object promptly and make a clear record if the numbers are wrong.
- Self-represented parties face real risk in fee-shifting cases like deposit disputes.
Source: Carson v. Perkins, No. 3D12-2933 — Fla. 3d DCA (May 15, 2013).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Lost the Deposit, Beat a $40K Counterclaim — Who Pays Fees? | Carson v. Perkins, 3D12-2933
Go Deeper
- Tenant Left Early, Landlord Held Out for Higher Rent: Mitigation Under § 83.595 (Lieber v. Miller)
- Commercial Lease Fights in Florida: Lockouts, Holdovers and One Word in the Lease
Frequently Asked Questions
How long does a Florida landlord have to return a security deposit?
Under section 83.49(3), if the landlord makes no claim, the deposit must be returned within 15 days after the lease ends. If the landlord intends to keep any part, it must send written notice of the claim, by certified mail or by e-mail as section 83.505 allows, within 30 days. Missing that deadline can forfeit the right to make a claim.
Who pays attorney fees in a Florida security deposit lawsuit?
Section 83.49(3)(c) gives the prevailing party in a deposit lawsuit its court costs plus a reasonable attorney’s fee. Deciding who prevailed can be hard when each side wins part of the case. Courts generally ask who won on the significant issues, and the trial judge has broad discretion.
Can a lease require 60 days' notice before moving out in Florida?
Yes, for a lease with a specific term. Section 83.575 allows a notice requirement of no less than 30 and no more than 60 days, but the clause must also require the landlord to give similar notice if it will not renew. Liquidated damages for failing to give notice have additional written-notice conditions.
Can I appeal an attorney fee judgment in Florida?
Yes. A separate final judgment awarding fees, costs or interest is generally appealable within 30 days of its rendition. Appellate courts review these awards for abuse of discretion, so the appellant needs a clear record, often including a hearing transcript, showing the trial court’s error.
Talk to a Florida landlord-tenant and lease lawyer
Weidner Law, P.A. handles residential and commercial lease disputes and evictions from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
